Musk v. Altman live updates: Tesla CEO spars with OpenAI attorney over company's evolution

Musk said he expects AI to be "smarter than any human" as soon as next year. Musk said a longstanding concern about AI is the question of what happens when computers become much smarter than humans.

Musk was called as the first witness shortly after noon, following opening statements from attorneys for OpenAI and Microsoft. When questioned by his own legal team, Musk said the defendants were trying to complicate this case.

He told jurors that, in his view, the case could set a precedent that risks losing every charity in America, adding that the consequences "go far beyond me."

Once sworn in, Musk spent much of the first part of his testimony walking jurors through his personal background. He described moving to North America because he wanted to be part of the technology industry, and recalled early jobs as a lumberjack and restaurant server before his first business ventures.

Musk then outlined the origins of companies he later founded or led, including PayPal, SpaceX and Tesla. He said SpaceX was created to make life multiplanetary and preserve human consciousness, while Tesla grew out of his belief that electric vehicles were essential for the future. He also briefly discussed Neurolink and The Boring Company, telling jurors he works 80 to 100 hours a week and does not take vacations.

"No vacation homes, no yachts or anything," Musk said.

About 30 minutes into his testimony, Musk turned to artificial intelligence. He explained artificial general intelligence, or AGI, as a point where AI becomes as smart or smarter than any human.

"I think we are getting close to that point," Musk said, adding, "My guess is AI will probably be smarter than any human... next year."

Jurors appeared closely focused as he spoke.

Musk compared developing AI to raising a child, something you cannot fully control, he said, but can try to guide with values. He described himself as "extremely concerned" about AI and said he has been for a long time.

He also recounted a past disagreement with Google cofounder Larry Page, saying Page once called him a "speciest" for prioritizing human survival. Musk told jurors he found Page's stance "insane."

Musk said he also tried to warn former President Obama about the risks of AI, but at the time, "AI was not good enough to seem scary smart." He added, "Here we are in 2026, AI is very smart."

Later in his testimony, Musk described his early interactions with Altman, saying the two attended meetings and dinners during the early days of AI discussions. Altman was not in the courtroom during the entirety of Musk's testimony, though cofounder Greg Brockman remained.

The trial continues this week, with additional witnesses expected to testify as both sides lay out sharply different accounts of OpenAI's origins and mission.

In his opening statement, OpenAI lawyer William Savitt told jurors "we are here because Mr. Musk didn't get his way with OpenAI."

Savitt said Musk used his promises of funding to bully OpenAI founding members and tried to take control of OpenAI and merge it with Tesla. In fact, he said Musk wanted to form a for-profit company and own more than 50% of it.

There is no record, Savitt said, of promises made to Musk that OpenAI was going to remain a nonprofit forever. What Musk ultimately cared about, he said, was not OpenAI's nonprofit status but winning the AI race with Google.

Musk's attorney said the case is not about Musk, but rather Altman, Brockman and Microsoft.

By 2017, about two years after OpenAI's founding, it became clear that OpenAI would need more money, and Molo said the founders eventually settled on the idea of creating a for-profit arm of OpenAI that would support the nonprofit. Terms were capped for investors so they "couldn't make infinite profit."

"There is nothing wrong with a nonprofit having a for-profit subsidiary, but (it) has to advance the mission," Molo said.

Microsoft initially invested $2 billion in OpenAI. Then, in 2022, news spread that OpenAI had done a deal with Microsoft and it was a "game-changer," Molo said, which violated "every commitment" OpenAI made not just to Musk but to the world. It was no longer open source, it became a for-profit company for the benefit of the defendants and Microsoft was going to have control, through licensing, of much of its intellectual property, Molo said.

After opening statements, Musk's side began presenting a tale of alleged betrayal, deceit and ambition that caused OpenAI to pivot from its founding mission as an altruistic startup to a capitalistic venture now valued at $852 billion.

Elon Musk took the witness stand Tuesday in his lawsuit against OpenAI, its CEO Sam Altman and president Greg Brockman, which claims that the ChatGPT maker deceived him and betrayed its original mission.

The jury's verdict will advise Judge Yvonne Gonzalez Rogers as she decides whether Musk gets his wish: reversion of OpenAI to a nonprofit structure, the removal of Altman and Brockman from OpenAI's board, and around $130 billion in damages to go back into OpenAI's nonprofit foundation.

Beyond the remedies Musk is demanding, the trial threatens to derail one of the world's largest AI companies - and one of Musk's biggest artificial intelligence rivals - as it makes plans to go public as early as this year. OpenAI has consistently pushed back against Musk's claims and says his suit is one based on jealousy and regret.

The battle between two of the biggest AI pioneers, Musk and Altman, could shape the future of the emerging, but already wildly influential, technology. OpenAI's IPO is expected to be a blockbuster, and the money it raises could help it dominate an industry in which it had an early lead. On the other hand, if Musk wins, his own xAI company could set back a major rival and potentially leap ahead.

The trial was already contentious even before any testimony.

Musk spent part of Monday posting on his social media platform X about his lawsuit against OpenAI, its CEO Sam Altman and president Greg Brockman, and Musk's claims in the suit that the ChatGPT maker deceived him and betrayed its original mission.

"Scam Altman and Greg Stockman stole a charity. Full stop," read one of Musk's missives.

Rogers scolded Musk on Tuesday morning for his recent social media posts about the trial and threatened a gag order before the jury arrived in the courtroom.

Musk's posts will "only make things worse," she said. Musk agreed to limit his social media posts about the suit; Altman and Brockman similarly agreed.

And Musk could face other hurdles in his quest. Musk's lawyers on Monday struck several potential jurors who harshly criticized their billionaire client, including one who referred to Musk as "greedy" and a "piece of garbage" in their pre-questionnaire form and another who said their partner's job was "harmed" by the Department of Government Efficiency (DOGE) cost-cutting initiative that Musk lead in the Trump administration.

"The reality is that people don't like him. Many people don't like him. That does not mean that Americans can't have integrity for the judicial process," Judge Rogers told Musk's attorneys.

Jurors expressed few opinions about Altman, who was in court for jury selection. In the end, the jurors selected were largely those who said they had a neutral opinion of Musk or of AI.

Emails, text, call logs and more

Musk cofounded and helped fund OpenAI as a nonprofit in 2015, giving what he says amounted to at least $44 million in its first few years. But he split from the company in 2018 after an acrimonious power struggle. (Musk went on to later found his own AI company, xAI.)

A year after his exit, OpenAI created a for-profit subsidiary to raise more cash. In 2025, the company further evolved into a for-profit public benefit corporation, under the OpenAI foundation. Musk claims the shift betrayed OpenAI's original nonprofit mission to develop safe, open-source AI technology for the public good - and that the company's leaders, including Altman and Brockman, wrongfully profited from his charitable contributions, according to the lawsuit.

Microsoft, which Musk named as a co-defendant in the case, is accused of aiding and abetting OpenAI's breach of charitable trust. In a motion to dismiss, Microsoft called Musk's arguments "devoid of factual specificity and substantiation, repeatedly relying on unsupported 'information and belief."

But OpenAI says Musk himself pushed for a for-profit structure. Musk left the company because he was not able to assume total control, OpenAI said in a statement, and his suit is "motivated by jealousy, regret for walking away from OpenAI and a desire to derail a competing AI company."

Hundreds of pages of emails, texts, call logs and documents submitted as evidence will shed an inside view of the case, both before and after Musk left the company - communications that, in many cases, take a far different view in private than public social-media declarations.

In one 2023 email submitted as an exhibit, Altman tells Musk he's his "hero" but that he's hurt by his attacks on OpenAI.

"I hear you and it is certainly not my intention to be hurtful, for which I apologize, but the fate of civilization is at stake," Musk said in response.

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Jury selection wrapped up Monday in the high-profile legal battle between Elon Musk and OpenAI CEO Sam Altman.

Nine jurors from across the greater Bay Area were selected. Judge Yvonne Gonzales Rogers emphasized that the case is not about technical expertise, but about disputed facts that the jury will be asked to decide.

"It's a good jury, and they're going to hear the facts, and we're going to get a verdict," William Savitt, at attorney for OpenAI said.

The trial centers on a dramatic split between two former partners. Musk and Altman cofounded OpenAI in 2015 as a nonprofit with a shared mission of developing artificial intelligence for the benefit of humanity. Their relationship has since fractured, and Musk now accuses Altman and OpenAI President Greg Brockman of abandoning a mission he pledged tens of millions of dollars to.

"We're looking forward to presenting their case to that jury," said William Savitt, an attorney representing Altman and Brockman. "We're confident in their position and looking forward to the facts being known."

Altman and Brockman were both in court for jury selection. Their legal team argues Musk is acting out of jealousy and regret after walking away from OpenAI, which is expected to go public later this year.

Musk did not attend Monday's proceedings but posted a series of attacks on his social platform X, referring to the defendants as "Scam Altman" and "Greg Stockman." He accused them of "stealing a charity" and claimed he founded OpenAI "for public good," not profit.

"Musk's legal team is arguing there was a baitandswitch: philanthropic intent turning into forprofit activity," said Andrew Reddie, a UC Berkeley professor who studies and works at the intersection of AI security and safety.

Many of Musk's original claims have already been dropped, including a fraud allegation dismissed Friday. Jurors will now consider whether Altman and Brockman engaged in breach of uncharitable trust or unjust enrichment. Musk is also suing Microsoft, OpenAI's primary partner, for aiding and abetting on his claim of uncharitable trust.

Musk is seeking Altman's and Brockman's removal from OpenAI leadership and wants the company returned to its original nonprofit structure.

"It matters because if OpenAI were to lose this case, it could significantly impact leadership," Reddie said. "Those leaders have a lot to say about how AI tools are being deployed."

Opening statements begin Tuesday. The judge expects all evidence to be presented by May 21, after which jurors will begin deliberations. The panel is an advisory jury, meaning the final decision will ultimately be made by the judge.

No cameras are allowed in the courtroom, but reporters could listen to an audio feed in a separate room throughout the selection process. Nearly every potential juror questioned said they were familiar with Musk.

One woman said the only thing she knew about him was that he was "the richest man in the world." Another man admitted he thinks Musk is "a jerk" and disagrees with his politics, but said he would try to remain fair. Attorneys also questioned a juror who said he likes Tesla cars and thinks SpaceX is "cool."

The exchanges underscored how deeply Musk and Altman, and the tech companies they lead, are woven into daily life, and how challenging it may be to seat a fully impartial jury in what is shaping up to be a historic trial.